The Fair Work Commission upheld a Melbourne law firm’s decision to fire a lawyer after it was found he had used sick leave to attend the AFL Magic Round in Adelaide back in April, 2024.
00:06We've all done it at some point, called in sick to work when you're not really all that physically unwell.
00:13And that's just what a Melbourne lawyer did one Friday morning in April 2024.
00:19The chucking of the sickie, not lawful, contrary to the requirements of the Fair Work Act.
00:25Not only is it frowned upon, but the Fair Work Act, which is the base of all entitlements to sick leave,
00:32says that you can have, if you're a full-time employee, you get 10 days of personal carer's leave, otherwise known as sick leave.
00:39But you need to produce evidence to your employer that would satisfy a reasonable person that you were actually unfit for work.
00:48So here's how it went down.
00:49One Friday in April 2024, Mitchell Fuller called in sick to his law firm in Melbourne.
00:55He told his employers he was suffering after poor sleep and was not well enough to come into the office.
01:00Then, on Monday, he sent an email saying he was still feeling under the weather
01:04and did not feel well enough to, quote,
01:07hack taking public transport in order to be at the office.
01:11He then used an online medical provider to get a sick leave certificate.
01:16In truth, though, Fuller was in Adelaide.
01:18He'd flown there on the Thursday night before calling in sick and was attending the AFL gather round around 650 kilometres away from his job in Melbourne.
01:27The requirement is to produce evidence that would reasonably satisfy your employer.
01:32So, you know, hopping online and we have a number of clients now that say straight up in their policy,
01:38we will not accept, you know, online doctor from, you know, the Ukraine's medical certificate saying that they've examined you and you're not fit for work
01:48because we don't think it's reasonable evidence that would satisfy us.
01:52So, yeah, I think he probably could have tried a little bit harder there.
01:57Fuller later posted to Instagram his travels around Adelaide, attending football matches, going to the beach and to the pub.
02:05Three months later, in July, the law firm he was working with hired a consultant to look into some unrelated performance issues Fuller was experiencing.
02:14When the HR consultant checked Fuller's social media, they uncovered the details of his Adelaide escapade.
02:21And in August, Fuller was officially fired.
02:25He then filed an unfair dismissal claim to the Fair Work Commission, claiming he believed he was entitled to a mental health day as part of his sick leave allowances.
02:34He told the commission that the nationwide shortage of ADHD medication had affected his condition, making him unfit for work over that period of time.
02:43He also claimed that the dismissal process had not given him the chance to respond to their concerns appropriately.
02:48Now, fast forward to March 2025, when the Fair Work Commission handed down its findings, ruling against Fuller's claims.
02:58The commission did not accept his arguments.
03:01Ruling the dismissal was justified because Fuller had knowingly made false statements to his employer and had claimed sick leave benefits when he was not entitled to it.
03:09The commission ruled that Fuller's behaviour was, quote, utterly incompatible with his ongoing employment as a solicitor, where integrity and honesty are paramount.
03:19Obviously, as lawyers, we're officers of the court, we have higher standards.
03:23I'm not sure all of the people in my noble profession agree, but we're supposed to tell the truth and be honest and have integrity about the way that we go about things, which I believe and try to, you know, emulate in my practice every day.
03:39But I know not everybody in this learned profession of ours does the same.
03:44The commission found that being unfit for work was not the same as feeling you might be better off having had a day off work.
03:51Under the strict definition in the Fair Work Act, a sick day can be taken when an employee needs a day because they are unable to work due to illness or injury.
04:00The commission said in its report, and I quote, there are not many people whose outlook on life, health or work wouldn't be improved by taking a paid day off and spending it with friends.
04:11But that does not elevate those circumstances to meaning unfit for work due to illness or injury.
04:17We're sort of, and it's probably a bit trite to say, but sick is sick.
04:20So whether you're dying of the flu or, you know, you've broken your arm or whether you're actually genuinely suffering with your mental health, like you've got a psychological condition or you're feeling anxious or there's something else that requires medical attention there.
04:37The requirements are all the same, like get a medical certificate saying that you're actually unfit to work because your mental health is not good enough for you to be able to work that day.
04:48And I think if he'd done that, we wouldn't be here having this discussion.
04:51If he had given the medical certificate and still gone over to magic round, then the fact that he was on TV would have made no difference.
04:59While it brought up a lot of questions about the realities of life in a modern workplace, at its core, this was a case about deception.
05:07The Fair Work Commission cited numerous instances where the situation of this case might have gone differently if there were better, open and honest communication between employees and employers.
05:18Ultimately, it's not a good look to be lying to your employer.
